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Richard
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Experience:  Attorney with 29 years of experience.
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My son is 17, married, and according to what I have read emancipated.

Resolved Question:

My son is 17, married, and according to what I have read emancipated.
He was living with me till last night. I own my home.
He and his wife have been living with me for a while. I have been told I have to get an eviction order to kick them out my own house. The girl, his wife, has filed charges against my girlfriend for slapping her. However that not the reason I am asking for advice. It is a concern because I have caught the girl (sons wife) in lies even by her admission of her mother that kicked her out in February.
What I need to know :
Do I really need an court eviction order even if I have reason to believe might start luring about me????
I will feel safer in my own home if she is gone.
Submitted: 2 years ago.
Category: Legal
Expert:  Richard replied 2 years ago.

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. If she poses any threat to the safety of you or the other occupants or to the property, you can get a restraining order against her to force her out while the eviction process runs its course.

But, unfortunately, you do need to go through the formal process. Even though without a lease and
if a person is intended to be just a guest, after that person has been in
occupancy for more than a couple of weeks, that person becomes an "at
will" tenant even though paying nothing.
Such a tenant is deemed to be a month to month tenant. As such, the
owner can terminate the tenancy by giving written notice of at least 30 days.
If the tenant does not leave voluntarily, under Texas law, the owner will then
need to give a 3-Day Notice to Quit...meaning the tenant must vacate the
premises within that period or face formal eviction. Then, if the tenant still
has not left, the owner must file a petition for an eviction order. Once that
is granted...the owner can have the sheriff evict. Unfortunately, what the
owner cannot legally do is move the tenant's stuff out, change the locks, or
take any other means of "self-help" eviction prior to obtaining the
eviction order.




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Customer: replied 2 years ago.
Ok here is the detail. In February, she claimed her father had choked her and was beating her then kicked her out.. I did not to see any "child...16 at the time) be on the street. My son asked me to take her in. I did. Shortly afterward, my son announced that he was romantically involved. Apparently sleeping on the couch was not enough. She had been pregnant 2x before and claimed Anthony was going to be father. She lost that one and demanded he get married immediately. They both waited till they were 17 (April and may) and got married 2weeks ago.
BotXXXXX XXXXXne she gas claimed that 2 adults have abused her and I am afraid I will be third. I can't have her living just waiting to build her case. She has not charged me with anything but I believe she will if she returns. It almost appears that I will have to live in my car for thirty days while she had free use of my home. Btw, I did kick them out and they went back to her fathers for a month but they were kicked out again. This just feels really unfair that I have to leave my home to protect any future liability to such a horrible person. Btw, my son had pushed my girlfriend down about 2 years ago and I convinced her to not press charges on my son in spite a 1 foot bruise on her hip.
All I have tried to do is help and I feel I am being punished for it. My girlfriend was over last night to finish moving out ( a 2month project) and got mad when Started crying and she did go in and call her a pig. Why? I have been working 12 hour days and come home to dishes piled high and across the entire kitchen, garbage on the floor after I had just vacuumed the night before, and food I had restocked only at beginning of week eaten and refuse on remaining kitchen top turning brown.
Expert:  Richard replied 2 years ago.

I can understand your frustration here, but the most prudent thing you can do at this point is to start the process by giving the termination notice. I would also make sure you are never alone with her so as to give rise to any bogus claim. You might want to install nanny cams in your home to record to a computer so you have documentation that nothing occurred. And, if she threatens you or the property, get the restraining order. The important thing is to start the process to get the timeline running.

Customer: replied 2 years ago.
Some ffinal question about my situation. They have been gone since Friday.
Since they voluntarily left and are now staying with some else.
Do I have to still get an eviction?
How long do they have to stay away before I can just say that they are not allowed back?
Can I make.conditions upon there return?
Such as drop charges on my girlfriend and they can come back?
If they continue to make a mess (food in the bedroom that has turned green...,other stuff)
Expert:  Richard replied 2 years ago.
Do I have to still get an eviction? If they have gone and taken their possessions, then they will have deemed to have abandoned and you can change the locks and do not need to go through the eviction.
How long do they have to stay away before I can just say that they are not allowed back? If they have left their possessions, they will need to be gone long enough to have led a reasonable person to conclude they have abandoned. At least two weeks.
Can I make.conditions upon there return? If they have abandoned, you can simply not allow them back; if not, you cannot put conditions on their return, but will need to go through the eviction process.
Such as drop charges on my girlfriend and they can come back? See above.
If they continue to make a mess (food in the bedroom that has turned green...,other stuff) Just more basis for your eviction, but you must evict.
Richard, Attorney
Category: Legal
Satisfied Customers: 47053
Experience: Attorney with 29 years of experience.
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